356 Provincial Court Proceedings, 1659.

Liber
P.C.R.

to depose, th^t hee hath bene allready prosequuted in this busines by
one Robert Gray in behalfe of M^r Rock, & uppon discussing of the
busines, the s^d Rob^t Gray did declyne the s^d prosecuon, Declaring
that if hee did proceed, th^t it would bee to M^r Battins wronge, & soe
desisted, And by reason that there is a dowble interpretaon, concern-
ing standing to the markett, & only by inference & consequence Wee
conceiue not by Law but by Equity to bee decided. Wittnes Our

hands Edward Prescott Augustine Herrman.

To the hon^ble the Gouerno^r & Councell.

Whereas Cap^t Battin is bound by his specialty to pay 25^l Sterl to
M^r Rock, I doe understand the Busines thus, & this is my Opinion.
That Cap^t Battin ought to haue Shipped soe much Tob, as would
haue produced 25^l Sterl, the Debt mentioned according to the teno^r
& expresse words of his Bill.
And whereas there is 3^d 1/2 ^pr i. mentioned for the prize of the Tob,
that Cap^t Battin was to Ship in the Country, I understand, th^t hee
was to be allowed soe much p^r i. in case the Tob were eyther lost, or
damnifyed atj: Sea, & not otherwise. The Bill expressing in these
uery words, That Cap^t Battin shall stand to the markett, And this I
signify, being chosen as an Arbitrato^r in the s^d busines depending
betwixt M^r Rock & Cap^t Battin, as Wittnes my hand ffeb. 29^th 1659
Rob^t Slye Nich: Spencer.

The s^d Reports being Read, & the Accompts perused, The Judgm^t
of the Board is That the deft ought to be allowed for th^t 350^l Tob
charged damnifyed in the plfs Accompt, from the plf, att 3^d 1/2 p^r l.

Vid. fol. 363

And for th^t other money allso acknowledged payd in the s^d accompt,
Both w^ch amount to 9^l, 12^s, 3^d. Soe th^t there Remaines of the Ac-
compt to ballance 15^l, 7^s, 9^d. It is therefore Ordered that the deft
satisfy or pay unto the plf the s^d summe of ffiueteene pownds, seauen
shillings, nine pence sterling: or goods to th^t ualue.

John Collins
v. Elizabeth ,
Potter
p. 355

Know all men by these p^ents th^t I Elizabeth Potter Widow doe
constitute & appoynt my louing ffreind John Metcalfe of the prou-
ince of Maryland gentⁿ my true & lawfull Attorney, in all causes
wherein I shall bee eyther plf or deft for this p^ent Prouinciall Court.
And what my s^d Attorney herein, I doe ratify & allow, as wittnes my
hand this 23^th of ffeb. 1659 The mark of
Wittnes Nicholas Gwyther Marks Pheypo. Elizabeth A Potter
The plf informeth the Board, how th^t hee receiued and marked a
hogshead of Tob for his owne use, w^ch was payed him by the deft
for goods bought of him. But since the deft hath otherways disposed
of the same hogshead againe, after it was brought on board, to the
Captaine or Master of the Ship.
Cap^t Miles Cooke sayth uppon oath in open Court, th^t Elizabeth
Potter came to this Depon^t, & agreed w^th him for a ffeatherbed: &